Bankruptcy of a Farmer
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Sequestration of James McCowan
East Auchanbeg, 1831

James McCowan's coal and farm account book is blank for most of the period, 1820-1829. That he was perhaps finally regaining his footing in Scotland following the bankruptcy of his coal and lime businesses in 1821 may be suggested by the sudden entries, in his account book, for "Cows Bulling" in 1830 and 1831 (to July 20). Evidently a fairly well-established cattle breeder, the local farms of Yondertown, Skelliehill, Brockly, Cumberhead and Coalburn were among his customers.

The four-fold rent increase in 1829 was a substantial financial blow to McCowan during this period of apparent "rejuvenation". On February 11, 1831, John Gibson petitioned for the sequestration of James McCowan. The six page document illustrates three legal steps in sequestration proceedings: petition for sequestration by the Landlord, notice to the bankrupt by the Sheriff Court, and inventory of the bankrupt's property by a Sheriff-Officer.

 

Tenant, Landlord and Farm --
Post-Sequestration

James McCowan's legal response or "answers" to the sequestration petition is not available. As his coal and farm account book has entries for "Cows Bulling" at local farms to July 20, 1831, we may perhaps assume that he stayed on at Auchanbeg in some fashion, at least for a few months. Of his last two years in Scotland, little is known -- but, indeed, his third son, David, signed a book "David M'Cowan in Auchinbegg, Lesmehagow, Eighteen hundred and thirty two years, aged fifteen years and 25 days this eighteenth day of Novr 1832 years". The exact relationship between landlord and tenant is unclear for the period from the spring of 1831 to the spring of 1833.  In the spring of 1833 James took his family to Scarborough, Upper Canada, on the same vessel as the families of James Gibson, William Weir, Robert Tacket and John Muir.

While the precise sequence of events that led to McCowan's emigration are not known, we can probably safely assume that his financial situation remained complex. He wrote from Springbank, Scarborough, on August 20, 1834: "If there is any thing to be got of the Mason's effects I hope you will do all for me that you can as I will be a losser by him to a considerable amount". His two-decade career as a coalmaster had been dominated by legal actions of his creditors. It appears, however, that he was a creditor himself when he died of cholera in Upper Canada on August 28, 1834.

This researcher is not qualified to review the legal issues relating to John Gibson's actions as Laird of Stockbriggs. Nor are we sufficiently informed to state Gibson's personal reasons for not being more lenient on February 11, 1831, when he petitioned for the sequestration of James McCowan. It does appear, however, that Gibson himself may have been in financial difficulty in 1831. From Lanark, another John Gibson wrote to James Gibson in Scarborough on July 16, 1834:

I see Stockbriggs [John Gibson of Stockbriggs] going about in Lanark today, he has advertised, or rather the person from whom he has the borrowed money, has advertised Stockbriggs for sale I believe he is altogether dependant on what his wife can squeeze out of her Father for his maintenance, the report is that he wants to go into some small farm [Todlaw] which is at present let to Sandilands, & report says he has offered him L200 to give up his tack, he should get hold of the money.(2)

William McCowan, Colburn, wrote to his nephew, Robert in Scarborough, on March 9, 1836, "Mr. Gibson according to report has sold off the whole of the Land except Todlaw to a Mr. Alston Glasgow" and on November 29, 1837:

Gibson has reserved the Todlaw for himself and is gone to Whitburn Since the death of his fatherinlaw who built him a house said to be worth more than 7000 Serls[?] Mr. Alston bought Yondertown and Holmhead with Midlholm and Kent so that he is now a larger profiter in Lesmahagow. (3)

James McCowan's successor as tenant of East Auchanbeg was Andrew Hamilton, the tenant of Goathouseknowe immediately to the south. James' brother, William, wrote on March 9, 1836.

Old Goathouse is now setting Auchenbegg to Wm Jack Yondertown. It is believed he has lost a good dale of money by it and the houses are almost bare walls now as they have not been repaired since you left them and I think few of his neighbours are sorry at his lose.

William continued on November 29, 1837:

... the death of Old Goathouse who died the latter end of Jany last. Willm Jack is in your old place farmer and it is believed that it will soon ruin him as old Goat lost upwards of £100  in it before gave it over to Jack who has just his tack.

Gibson's eight year tenure as laird of Stockbriggs was almost certainly the most turbulent for the estate's tenant farmers since the market-driven economy was first experienced in Scotland. At least two farms changed hands when Gibson arrived and at least three more changed hands by about the time that he left.


(2) T.G. Gibson Collection, Markham Museum.
(3) William McCowan letters, James McCowan Collection

The Scarboro Heights Record V11 #11